Mumbai: Allows the construction of three docks in the ecologically sensitive coastal regulatory zone in Palghar and Thane, the Bombay High Court observes that it is not a zone where all activities are stopped.
A trial reserve of judicial heads of Datta Datta and Justice Kulkarni October 29, October 24, came on three petitions by Maharashtra maritime boards to establish jetty passengers and allied facilities in Kelwa and Kharekuran in Palghar and Jet-ro Jetty in Kharwadashri in Thane.
The council seeks HC permits considering the command September 2018 which imposes freezing about the destruction of mangroves and mandates its permits for every work in the zone.
The proposed work fell on Crz-I near the Mangroves zone.
The petition said the passenger jetty in Kelw would benefit Palghar’s population and provide a choice of comfortable and environmentally friendly travel for people living in the area near the Boisar Industrial area.
It will also increase tourism in and around the Beach of Kelwa in the biggest fishing zone of Maharashtra which also has temples and fortresses.
Judges did not agree with Senior Advocate Sharan Jagtiani for the Bombay Environment Action Group (BEAG) which was only because the construction of the pier fell in the 50-meter buffer zone along the mangrove area would reach the prohibited activity.
They agreed with the Advocate of the Saket Mone Council that Jetty’s construction was an activity that was permitted under the CRZ 2011 notification that allowed activities related to the waters or needed foreshore facilities.
The judges said the object notification did not only protect the environment but also, while doing so, promoting sustainable development.
“Thus, CRZ-I cannot be interpreted to mean the zone that freezes every activity,” Judge Kulkarni wrote for the bench, adding that the reading of the notification would make Nugat activities permitted in Crz-I.
MOUNDATION There will be no destruction of mangrove forests and this is also recorded by the Maharashtra Coastal Zone Management Authority and the State Environmental Impact Assessment Authority.
In Kharwadshri, around 72 mangrove trees must be transferred and McZma has been directed to replant five-fold numbers if destroyed.
Judges refer to HC orders that allow docks in places such as Borivli and Gorai, Ghodbunders, Lakes and Manori who consider the importance of public projects.
The judges said the Board was also entitled to the exception to be carved in the order of 2018 HC “where the court found it necessary for public good and public interest.” They uphold permissions by McZma and Seiaa, and allow the council to “continue with the public utility project.